What can we do if the trustee wanted to settle, but then did not accept the amount we thought we could pay? 7 Answers as of July 03, 2015

I'm currently in the process of a bankruptcy with my husband. It is not going according to how we initially thought it was. My husband has paid close to $4000 so far, with the fees just adding up by the phone call, email, etc. We just found out that the trustee is filing an Adversary Complaint against us for not satisfactorily explaining where Inheritance Funds went. I feel like our lawyer just sits there, during our deposition his only comments were "objection to form". I feel like we are in the dark with each new outcome. She actually wanted $30,000, which if we had, we could have settled our initial debt, and not gone through all of this. We cannot afford to continue to pay lawyer fees, which are $325 per hour.

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Ronald K. Nims LLC | Ronald K. Nims
There are two possibilities here. ?One is that you were not completely honest with your attorney before you filed your case. ?The other is that your attorney is way over his/her head and as no freaking clue what is going on here. Unless you're a pathological liar, you know if you were honest with your attorney. ?If you were honest, you should get another attorney's opinion of your situation, malpractice might have been committed.
Answer Applies to: Ohio
Replied: 7/3/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
There are very few objections one can make a deposition. Your lawyer probably did the best he or she could have done. It sounds to me like maybe you should try and convert to Chapter 13? Have you explored this with your lawyer? If your lawyer doesn't do chapter 13 cases, look for a new lawyer.
Answer Applies to: California
Replied: 7/2/2015
GARCIA & GONZALES, P.C. | Richard N. Gonzales
The only guidance I can provide at this point is to advise you to speak with an experienced bankruptcy litigator about your rights and obligations. Unfortunately, no one can venture a guess without looking at the entire bankruptcy file. It would be the same if you were dissatisfied with a doctor and wanted to switch doctors, or get a second opinion. Someone would have to look at all of your medical records to give you more information and some guidance. I wish I could be more helpful, but it is what it is. Good luck!
Answer Applies to: Colorado
Replied: 7/1/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
If you have issues that you are not able to resolve with the trustee, your only option is to try the issue before the bankruptcy judge. Predicting the outcome of every case is not always possible. You may want to consider converting your case to a Chapter 13, which will allow you to have a new trustee and make payments to settle your debts.
Answer Applies to: Nevada
Replied: 7/1/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Even $4,000 is a rather high fee for a chapter 13. $325 per hour is on the upper end of the typical range of fees. Deponent's lawyer at a deposition generally does not do much. There are much fewer objections made than in a court trial. Since the disposition of an inheritance is rarely a major issue in a bankruptcy, something is clearly awry. I cannot tell if it the difficulty lies in your lawyer's not knowing how to handle it, or with some actions of yours which has raised suspicions. Presumably a good lawyer, working closely with you, can find a truthful explanation for actions and words which will help your case or else your actions may have been so very suspicious or wrongful that there is not much she can do in the way of defense. I suggest you sit down with her for a complete review of this problem, including an explanation from her about what she sees as the Trustee's likely evidence, what the strengths and weaknesses of your position are, the precise law (both statutory and decision) which should govern the outcome and anything else relevant to the problem. From such a discussion a strategy should emerge, which could be locating evidence in your defense (documents and witnesses), or offering to settle for a discount, or some other approaches which do not occur to me at present. If she cannot give you a coherent explanation of the background and the current state of things, and an approach to the Adversary, fire her and find another lawyer, hopefully one of good reputation and substantial experience in BR.
Answer Applies to: Wisconsin
Replied: 7/1/2015
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